Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

Labour Inspection Convention, 1947 (No. 81) - New Caledonia

The Committee notes the Government’s report and the replies to its previous comments.

The Committee notes that, under section 22 of Organic Act No. 99-209 of 19 March 1999 concerning New Caledonia, New Caledonia has competence in the field of labour law and the right to organize, as well as in labour inspection and foreigners’ access to work. Under section 25, New Caledonia exercises as of 1 January 2000, the competence accruing to it under the same Act and which it did not possess under Act No. 88-1028 of 9 November 1988 concerning statutory and preparatory provisions for the self-determination of New Caledonia in 1998. The Committee would be grateful if the Government would indicate whether the implementing decree provided for by section 98 of Order No. 85-1181 of 13 November 1985, as amended, concerning the guiding principles of labour law and the organization and functioning of the labour inspectorate and the labour tribunal has been adopted and, if so, to communicate a copy thereof.

According to the Government, the exercise in shared sovereignty (as inferred from the Noumea Agreements) takes the form of the establishment of a territorial executive known as the Government of New Caledonia, which will be responsible for organizing the labour inspection services, on the one hand, and establishing a territorial team of officials composed of labour inspectors and assistant labour inspectors, on the other. The Government points out that the State has undertaken to participate in the training of such staff, and that two officials of the territorial public service who already perform the duties of assistant inspectors, or even of inspectors, as well as two trainees, have received training between 1999 and 2000.

The Committee notes Decree No. 2362 of 11 October 1999 amending the Order concerning the establishment and organization of two labour inspection departments in the territory of New Caledonia. It also notes that, according to the Government, the distribution of competences geographically and by branch of activity between the inspectors (one for the town centre, one for the south of the Noumea peninsula, and one for the Ducos industrial area) reduces the number of inspection visits. The Committee would be grateful if the Government would provide information on the way in which the budgetary resources of the labour inspection service will be determined, as well as the human, material and financial resources which are necessary for the effective discharge of its functions pursuant to Articles 3, 10, 11, 12 and 16 of the Convention.

The Committee notes the statistics concerning inspection visits and the results of controls for 1999 and the first half of 2000. The Committee notes with interest that, according to the Government, the recommendations concerning greater collaboration between the labour inspectorate and the judicial authority for a correct application of penalties correspond to actual practice in 1998 and 1999 and are beginning to bear fruit (heavier penalties imposed, fewer cases closed). The Government indicates that detailed statistics of labour inspections are neither published nor communicated to trade union organizations and that only general information is supplied to them at meetings of the Labour Advisory Committee. The Government points out, however, that the statistical inadequacies concerning the annual report should diminish and, with respect to occupational accidents and diseases, it will be possible to produce a full statistical study for 1999. Referring to its previous observation, the Committee hopes that the Government will not fail to implement measures to ensure that the annual inspection report containing information on each of the subjects enumerated under Article 21, subparagraphs (a)-(g), of the Convention is published and transmitted to the ILO by the new central labour inspection authority within the time limits prescribed by Article 20 of the Convention.